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Obligations  United States  Illinois

What a Illinois business has to have in writing

Illinois carries one of the heaviest written-policy loads in the country without having a comprehensive consumer privacy act.

What it has instead is the Biometric Information Privacy Act, a biometric statute rather than a general privacy law, which forces any business that scans a fingerprint or face to publish a written retention and destruction policy and is the most litigated state privacy statute in the US.

Every employer must run annual sexual harassment prevention training, give paid leave usable for any reason, publish pay ranges in job postings, and hand employees an annual written comparison of their health benefits.

Illinois OSHA covers public employers only, so private workplaces answer to federal OSHA, and the state runs no supplier cloud certification programme of its own: its procurement appendix asks for SSAE-18 attestations instead.

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What applies

Illinois rules for a 15–19 person general business

State law only. The federal layer every employer carries sits on the business-type pages below. Each row names what you must write, post, file or certify, who enforces it, and links to the state authority.

Breach Notification 1Who you must tell after a data breach, and how fast

LawProduceWhat it requiresTriggerEnforced by
Personal Information Protection Act (PIPA)AI-compiled815 ILCS 530/10Any data collector that owns, licenses or maintains personal information about Illinois residents, including businesses of any sizeDistribute
Notice
Write and send notice to affected Illinois residents in the most expedient time possible and without unreasonable delay, describing what happened, what data was involved, contact details for the business and the credit bureaus, and free credit report information. When more than 500 Illinois residents are notified, file a written report with the Attorney General no later than when consumers are notified.
From the first employee
Illinois Attorney General

Data Security Program 1A written safeguards program the state requires before anything goes wrong

LawProduceWhat it requiresTriggerEnforced by
Reasonable security and secure disposal duties under PIPAAI-compiled815 ILCS 530/40 and 530/45Any data collector handling personal information about Illinois residents; contracts with service providers must pass the duty downWrite
Written policy
Put reasonable security measures in place to protect personal information from unauthorized access, require the same by contract from vendors that get the data, and dispose of records so that personal information cannot be read or reconstructed. Illinois does not prescribe a single written program format, so businesses document their own safeguards.
From the first employee
Illinois Attorney General

Biometric and Health Data 1Consent and retention rules for fingerprints, faces and health data

LawProduceWhat it requiresTriggerEnforced by
Biometric Information Privacy Act (BIPA)AI-compiled740 ILCS 14Any private entity that collects, stores or uses fingerprints, face or voice templates, retina or iris scans or hand geometry from people in Illinois, including for employee timekeepingWrite
Written policy
Publish a written policy, available to the public, that sets a retention schedule and destruction guidelines for biometric identifiers, with destruction no later than when the purpose ends or three years after the last interaction, whichever is first. Before collecting, tell the person in writing what is collected, why and for how long, and get a written release. Never sell or profit from the data, and protect it at least as well as other confidential information.
From the first employee
Private right of action by individuals (statutory damages per violation)

Harassment Prevention 1A written policy, and in some states annual training, on harassment

LawProduceWhat it requiresTriggerEnforced by
Sexual harassment prevention training and policy (Illinois Human Rights Act)AI-compiled775 ILCS 5/2-109; 775 ILCS 5/2-110 (restaurants and bars)Every employer with employees working in Illinois, whatever the headcount; restaurants and bars carry extra dutiesWrite + ack
Written program
Run sexual harassment prevention training that meets the state model every calendar year for all employees, including short-term and part-time staff, and keep records of who was trained. Restaurants and bars must additionally give every employee a written sexual harassment policy in English and Spanish within the first week of work and run supplemental industry-specific training. Employers must also report adverse harassment or discrimination judgments to the Department of Human Rights each year.
From the first employee
Illinois Department of Human Rights; Illinois Human Rights Commission

Workplace Violence Prevention 1A written plan for preventing and responding to workplace violence

LawProduceWhat it requiresTriggerEnforced by
Health Care Violence Prevention ActAI-compiled210 ILCS 160Hospitals and other health care providers licensed in IllinoisWrite
Written program
Adopt a written workplace violence prevention program built on worksite analysis and hazard identification, with management commitment and worker participation, training, incident reporting and post-incident services; post notices in the facility stating that verbal aggression and physical assault are not tolerated and that assaults are reported to law enforcement; do not have any policy that discourages workers from contacting police or the Department of Public Health.
From the first employee
Illinois Department of Public Health; Illinois Department of Labor

Insurance Data Security 1The written security program insurance licensees must certify

LawProduceWhat it requiresTriggerEnforced by
Insurance Data Security LawAI-compiledPublic Act 103-0142 (215 ILCS 5)Insurance licensees of the Illinois Department of Insurance; licensees with fewer than 50 employees, and those already covered by HIPAA security rules, get partial exemptionsCertify
Certification
Build and keep a written information security program driven by a risk assessment, with designated responsibility, vendor oversight, a written incident response plan and reporting to the board; file an annual written certification of compliance with the Director of Insurance, and notify the Director of a cybersecurity event within three business days.
50+ employees
Illinois Department of Insurance

State Vendor Security Program 1Certification a vendor needs before selling cloud services to the state

LawProduceWhat it requiresTriggerEnforced by
Cloud Hosting Appendix and DoIT Third-Party Risk Management programmeAI-compiledChief Procurement Office for General Services, Cloud Hosting Appendix V.26.1Any vendor hosting or processing State of Illinois data in the cloud under a state contractCertify + ack
Certification
A procurement condition, not a statute. The Cloud Hosting Appendix attaches to state cloud contracts and makes the vendor certify it has had an independent SSAE-18 third-party audit and hand over a SOC 2 Type 2 report at award and every year afterwards, with bridge or gap letters; the state may accept an alternative report only at its discretion. Vendors touching state financial information owe an annual SOC 1 Type 2 report as well. Separately, the vendor must enrol in the Department of Innovation and Technology's Third-Party Risk Management programme at onboarding and answer its questionnaires and document requests for ongoing risk monitoring. Encryption at rest and in transit must be FIPS 140 compliant using AES-256 with proof supplied, media sanitisation follows NIST SP 800-88 with a signed written certificate, and breaches go to the State Chief Information Security Officer within 24 hours. Illinois does not require a GovRAMP or FedRAMP authorization, though the Office of Comptroller is a GovRAMP participating organization.
From the first employee
Chief Procurement Office for General Services; Department of Innovation and Technology

Paid Leave Policies 2Sick and family leave laws that come with a written policy or notice

LawProduceWhat it requiresTriggerEnforced by
Paid Leave for All Workers ActAI-compiled820 ILCS 192Nearly every Illinois employer; workers covered by Chicago or Cook County paid leave ordinances follow those insteadWrite
Written policy
Give employees at least 40 hours of paid leave a year usable for any reason, accrued at one hour per 40 worked or frontloaded, post the Department of Labor paid leave notice, and give employees written notice of the policy. An employer that writes its own policy must put it in writing and give a copy to employees, and any frontloading or carryover choice has to be documented. Keep three years of leave records.
From the first employee
Illinois Department of Labor
Victims' Economic Security and Safety Act (VESSA)AI-compiled820 ILCS 180Every Illinois employer; the amount of unpaid leave scales from 4 weeks (1-14 employees) to 8 weeks (15-49) to 12 weeks (50+)Distribute
Notice
Give employees who are victims of domestic, sexual or gender-based violence, or whose family member is, unpaid job-protected leave and reasonable safety accommodations; post and give employees the Department of Labor VESSA notice explaining these rights; keep any certification and related information confidential.
From the first employee
Illinois Department of Labor

Required Postings 1The notices every workplace in the state must display

LawProduceWhat it requiresTriggerEnforced by
Required posters and employee disclosuresAI-compiled820 ILCS 105, 112, 140, 180, 192; 775 ILCS 5; 820 ILCS 55Every Illinois employerPost
Posting
Display the Department of Labor's required poster set (minimum wage, equal pay, day of rest, paid leave, VESSA, child labor, employment eligibility verification, whistleblower and safety notices) at each worksite, and give the same notices in writing or by email to employees who work remotely.
From the first employee
Illinois Department of Labor; Illinois Department of Human Rights

Pay Transparency 2Salary ranges in job posts and pay disclosure on request

LawProduceWhat it requiresTriggerEnforced by
Pay scale and benefits disclosure in job postings (Equal Pay Act amendment)AI-compiled820 ILCS 112/10(b-5) (Public Act 103-0539, HB 3129)Employers with 15 or more employees posting a job that will be performed at least partly in Illinois, or that reports to an Illinois supervisor or officeDistribute
Notice
Put the wage or salary range and a general description of benefits and other compensation into every covered job posting, including postings a third party runs; keep records of the pay scale and postings for at least five years; and announce promotion opportunities to current employees within 14 days of posting the job externally.
15+ employees
Illinois Department of Labor
Equal Pay Registration CertificateAI-compiled820 ILCS 112/11Private businesses with 100 or more employees in Illinois that must file an EEO-1 reportCertify + ack
Certification
Apply to the Department of Labor for an Equal Pay Registration Certificate, pay the fee, submit employee-level pay data by sex, race and ethnicity along with the EEO-1, and sign a statement from a corporate officer certifying compliance with equal pay and anti-discrimination law and describing how the business sets wages and benefits. Recertify every two years.
100+ employees
Illinois Department of Labor

Licensing and Certifications 4Registrations, licences and certifications a business or its staff must hold

LawProduceWhat it requiresTriggerEnforced by
Business entity registration (Secretary of State)AI-compiled805 ILCS 5 (corporations); 805 ILCS 180 (LLCs); 805 ILCS 405 (assumed names)Any corporation, LLC, LP, nonprofit or out-of-state entity doing business in IllinoisFile
Filing / record
File articles of incorporation or organization, or a foreign qualification, with the Secretary of State's Department of Business Services, appoint an Illinois registered agent, register any assumed name with the county, and file the annual report and franchise tax before the anniversary month.
From the first employee
Illinois Secretary of State, Department of Business Services
Retail food establishment permit and Certified Food Protection ManagerAI-compiled410 ILCS 625 (Food Handling Regulation Enforcement Act); 77 Ill. Adm. Code 750 (Food Service Sanitation Code)Restaurants, groceries, mobile units and other retail food establishments; most risk category 1 and 2 establishments must have a certified managerCertify
Certification
Hold a permit from the local health department, pass inspections, and keep at least one Certified Food Protection Manager on staff who has passed an ANSI-accredited exam and holds the Illinois certificate; post or produce the certificate for the inspector and keep a person in charge on duty at all times.
From the first employee
Illinois Department of Public Health; local health departments
Food handler trainingAI-compiled410 ILCS 625/3.06Everyone who works with unpackaged food, food equipment or food-contact surfaces in an Illinois food establishment, including restaurants and non-restaurant food serviceCertify
Certification
Make sure each food handler completes an ANSI-accredited food handler training course within 30 days of starting and renews it every three years, and keep the certificates on file at the establishment for inspectors.
From the first employee
Illinois Department of Public Health; local health departments
Roofing contractor licenseAI-compiled225 ILCS 335 (Illinois Roofing Industry Licensing Act)Anyone who contracts to build, repair or maintain roofing systems in IllinoisFile
Filing / record
Hold an IDFPR roofing contractor license in the correct class before bidding or working, name a qualifying party who passed the exam, carry the required insurance, renew and complete continuing education, and put the license number on contracts, bids, vehicles and advertising.
From the first employee
Illinois Department of Financial and Professional Regulation

Other Written Policies 3Any other document the state makes an employer write or hand out

LawProduceWhat it requiresTriggerEnforced by
Consumer Coverage Disclosure ActAI-compiled820 ILCS 46Any Illinois employer that offers group health insurance to employees, including self-funded and out-of-state-regulated plansDistribute
Notice
Give every benefits-eligible employee a written list of the benefits the group plan covers, formatted so it can be compared line by line with the essential health benefits Illinois requires of individual coverage. Deliver it at hire, once a year after that, and whenever an employee asks. The Department of Insurance publishes the comparison list to use.
From the first employee
Illinois Department of Labor
Right to Privacy in the Workplace ActAI-compiled820 ILCS 55Every Illinois employer; the E-Verify sections apply to employers that use the federal systemPost
Posting
Post the required notices about employment eligibility verification where employees and applicants can see them, follow set written steps when a verification notice arrives (including written notice to the employee), and do not require social media passwords or penalize workers for lawful off-duty products such as tobacco or, in most cases, cannabis.
From the first employee
Illinois Department of Labor
Personnel Record Review ActAI-compiled820 ILCS 40Illinois employers with 5 or more employeesWrite
Written policy
Let employees inspect and copy their personnel records, including employment-related contracts, handbooks and written policies, at least twice a year, within seven working days of a written request; respond in writing when a request is denied; and remove disciplinary records older than four years before disclosing them to a third party.
5+ employees
Illinois Department of Labor

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Sources

Illinois Attorney General - Identity Theft and Data BreachIllinois General Assembly - 815 ILCS 530 Personal Information Protection ActIllinois General Assembly - 740 ILCS 14 Biometric Information Privacy ActIllinois Department of Human Rights - Sexual Harassment PreventionIllinois DHR - State Sexual Harassment Prevention Training ModelIllinois DHR - Sexual Harassment Prevention RightsIllinois Department of Labor - Equal Pay Act Pay TransparencyIllinois Department of Labor - Equal Pay Act of 2003Illinois Department of Labor - Equal Pay Registration CertificateIllinois Department of Labor - Paid Leave for All Workers ActIllinois Department of Labor - Required Posters and DisclosuresIllinois Department of Labor - VESSAIllinois Department of Labor - Laws and RulesIllinois Department of InsuranceIllinois General Assembly - Public Act 103-0142Illinois General Assembly - 210 ILCS 160 Health Care Violence Prevention ActIllinois Department of Public HealthIllinois Department of Labor - Consumer Coverage Disclosure ActIllinois Department of Labor - Consumer Coverage Disclosure FAQIllinois Department of Labor - Right to Privacy in the Workplace ActIllinois Department of Labor - Personnel Records Review ActIllinois Secretary of State - Business ServicesIllinois Department of Revenue - BusinessesIllinois Department of Public Health - Certified Food Protection ManagerIllinois Department of Public Health - Retail FoodIllinois Department of Public Health - Food Handler TrainingIllinois Department of Public Health - Food SafetyIDFPR - Roofing ContractorsIDFPR - ProfessionsIllinois Chief Procurement Office for General Services, Cloud Hosting AppendixIllinois Department of Innovation and TechnologyGovRAMP participating government organizations

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